legal ethics note dec 18, 2014
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dec 18 lecture
KHAN JR VS SIMBILLOcan no. 5299 aug 19 2003
suspended for 1 yearfor publishing
there is concern that publishing in net, radio etc
sending txtxx sending letters is also unethical
using net not regulated
chan robles is a vitual library but also accepting clients
publishing that their lawyers were competent
it is indirect soliciting
nicolas and de vega law office
atty marlon valderama
e-lawyers solicitationalso
libayan & asso law firmfree legal adviceis also solicitation
why choose us ? -isa solicitation
The sc did not regulate the violation of code ethics
rule 2.04
customary rate ex 20t means u cannot charge lower than that
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jan 7,2015
canon 5
case: hernandez vs padilla ac no. 9387 june 20, 2012
case of disbarment against atty padillapadilla said no lawyer client relationship and he cannot be charged
padilla give advice to be settled
ruling: sc sustained itthere was relationship because he receive apperance fee
case2: santiago vs rafanan AC No. 6252 Oct 5, 2004
rafanan notarized affidavithe failed to put the cedula by reason santiago failed in a case
santiago filed a case
ruling:
sc explain the importance of indicating cedula in affidaviteven if it a practice in locality the non indication of cedula for long yearsit cannot be change the path
he was fined 3 thousand
case3:veroy vs
there was a houseowner give warning to neigbor to evacuate due to dilapidated wall and it happens
the owner was charge and order to pay damages
the lawyer failed tosubmit motion to recon instead submit for extension
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case 4: benito vs balindong Am no rtj 08 2103 feb 23, 2009
employee was terminatedby mayorombudsman said case was merit and order the mayor to pay and suspended
mayor file at rtc jufge balindongwhich was approved the injuction and tro
benito appealed in sc
sc ruled that judge should know thelaw and his defense in good faith is not acceptablehe was fine 10 t and 30t for gross ignorance.
case5:Pp vs Gacott Jr. Gr No. 116049. July 13,1995
gross ignorance:
trend on specializationbenefits
lawyers choose to concentrate , competense
greater expertise
general cannot compet especialist, much less expensive
canon 7
--------------------Jan 9 2015
Canon 6cases:
Cuenca vs CA. Gr 109870. dec 9 1995
far eastern coy vs Ppa. Gr No 136068. Oct 1 1998
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Austria vs AbayaAm No, R-705 Rtj
Collantes vs RenomeronAC No. 305
atty renomeron was disbarred for his act of oppression
remedy: file a petition for admission
pcgg vs sandigan lucio tan
genbank has a probscentral bank has extended supportrule 6.03genbank was not able to recover lucio tan was d hihest bidder
estilito mendoza intervene Canon
January 21,2015 Legal Ethics Lecture
Cases: Canon 7 take note “At all times”
1.) Silverio-Buffe A.M. No. 08-6-352RTC2.) Ventura v Samson A.C No. 9608, 11/27/12
Rule 7.011.) Leda v.s Tabang, A.C No. 2505, 2/21/92
Rule 7.031.) Barandon, Jr v.s Ferrer Sr., A.C No. 5768, 3/26/102.) Galicinao v.s Martinez, AC No. 639610/25/053.) Tumbukon v.s Pefianco, A.C No. 6116, 8/1/124.) Macarrubo v.s Macarubo A.C No. 6148 2/27/045.) Guevarra v.s Eala A.C No. 7136 8/1/07
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Lecture 1/22/. 15 ethics
Canon 8
1. Que vs revilla A. C No. 7054 12/4/09Filed a petition for annulmentof judgement
Rule 8.011. Seludov.s Judge Fineza A.M No. RTJ-03-1813 11/21/03
Congenital liar2. Foddsphere,Inc v.s Atty Mauricio Jr A.C No. 7199 Jly 22, 2009
Seeling can goods CDO liver spread